Mississippi Administrative Code
Title 11 - Mississippi Department of Environmental Quality
Part 7 - Surface Water and Groundwater Use and Protection, Licensing of Water Well Contractors and Dam Safety Regulations
Chapter 1 - Mississippi Commission Environmental Quality Surface Water Groundwater Use and Protection Regulations
Rule 11-7-1.4 - Groundwater Withdrawals

Universal Citation: MS Code of Rules 11-7-1.4

Current through September 24, 2024

All groundwater withdrawals must meet the permitting requirements set forth in Rule 1.2, unless specifically exempted below.

A. Exemptions- Wells for the purpose of groundwater withdrawal meeting the following conditions shall not be subject to the permitting requirements of this regulation:

(1) Wells used for domestic purposes and providing potable water to only one (1) household; or

(2) Wells with a surface casing diameter less than six inches, except as regulations govern prohibited uses specified in Rule 1.4.D and reporting requirements specified in Rule 1.4.E.

(3) Relief wells installed to protect the integrity of a structure, such as a dam or levee.

Note: The fact that a well may be exempt under this regulation shall not relieve the owner of responsibility for complying with other applicable state or federal regulations ; e.g., wells, regardless of size, that are part of a Public Water System must comply with Mississippi State Department of Health Regulations.

B. Prioritization of Beneficial Uses- In areas where conflicts exist between competing interests or demands for surface water or groundwater supplies, or where there is a potential for such conflicts to arise in the future, the beneficial uses identified below will be given priority in permitting decisions, consistent with the provisions of Miss. Code Ann. Section 51-3-7, in the order listed:

(1) Public Supply [including municipal supplies, rural water systems, private water systems, private wells, and institutional uses (such as schools, churches, and military bases)] Water permits for other beneficial uses may be denied or modified to insure that present and future public supply needs can be met.

(2) Industrial/Commercial (Including Agricultural and Commercial Livestock Uses)- Beneficial uses of water falling in this category will have equal standing in permit decisions with all other beneficial uses included in this category. Water use permits that are in place will not be modified to satisfy new or increased demands by other users who fall into this same category.

(a) Agricultural (including crop irrigation, fish culture, and similar uses.) The applicant may be required to explore conjunctive use of surface water as an option and demonstrate efficient use of groundwater through implementation of practicable water conservation measures.

(b) Industrial (including water for all processes involved in the operation of an industrial plant or facility.)- The applicant may be required to explore conjunctive use options. Requests for industrial use must include a description of water quality needs as well as of water quantity needs. For requests without rigid water quality requirements, the landowner/applicant may be required to investigate alternative supplies (such as surface water, aquifers with poorer quality water, or treated effluent from wastewater treatment plants). Industrial users may be required to use the lowest quality water available that will meet quantity and quality requirements for the intended use.

(c) Livestock (including water for commercial cattle, hogs, and other animal operations.)- The applicant may be required to explore conjunctive use options.

(d) Commercial (including hotels, restaurants, water bottling companies, campgrounds, and casinos.)- The applicant may be required to explore conjunctive use options.

(3) Enhancement of Wildlife Habitat and Other Recreational Uses (including water used to enhance an area for wildlife and/or waterfowl management; water used for irrigation of vegetation other than commercial crops; and other non-essential uses for leisure activities.)- Aquifers that provide the principal source of public supply in a region will generally not be considered acceptable sources of water for beneficial uses that fall into this category. Water use permits that are in place in this category of uses may be modified or revoked if necessary to satisfy higher priority demands.

(4) Other Uses- Uses not falling into one of the above categories will be evaluated on a case-by-case basis and permitted, if the use is not otherwise prohibited by this regulation and water is available.

(5) Fire Protection- While considered a beneficial use of water, fire protection is not given a priority ranking. Since fire protection water is used infrequently and only for a short duration, permits for this use will be allowed in any area where water is available.

C. Well Spacing-

(1) When deemed appropriate, the Permit Board may require the spacing of new wells or replacement wells in accordance with the following guidelines to minimize interference issues between wells developed in confined aquifers. The well spacing distances in Table 1 are a function of the transmissivity (T) of an aquifer at a given site and the anticipated discharge or pumping rate (Q) of a proposed well, where the calculated drawdown in the well is limited to fifteen (15) feet of decline over a ten (10) year period of pumping and will be applied as follows, when the Permit Board determines such spacing is needed:

Table 1. Minimum acceptable spacing distances (r) for wells pumping at constant discharges (Q) for a 10-year timeframe with various transmissivity (T) ranges.

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--- Signifies no spacing limitations (r < 50 feet)

* Scenarios that result in distances (r) greater than 10,000 feet are indications of inadequate aquifer transmissivity for the intended pumpage.

** The Permit Board should be consulted regarding minimum spacing recommendations for wells that will pump in excess of 1,500 gpm or 2.16 mgd.

Note: The following steps may prove helpful in using Table 1:

(a) To determine the minimum acceptable spacing distance between wells, locate the corresponding transmissivity (T) value of the aquifer in the left column of the table and then the anticipated discharge or pumping rate value across the top row of the table. The point in the shaded area of the table where the two values intersect indicates the acceptable spacing distance between wells in the same confined aquifer.

Example: A new 750 gallon per minute (gpm) well with a discharge rate of 1.08 million gallons per day (mgd) that is scheduled to pump from a confined aquifer with a transmissivity (T) of 9,000 squared feet per day (ft2/day) should be spaced at least 1,300 feet apart from another well using the same aquifer to avoid unacceptable interference.

(b) To determine the maximum acceptable discharge rate (mgd) or pumping rate (gpm) for a confined aquifer, consult the left column of Table 1 to find a comparable transmissivity (T) value for the aquifer being used and the body of the table to locate the distance (r) from the proposed well site to the nearest existing well in using the same aquifer. The corresponding discharge rate (mgd) and pumping rate (gpm) on the top of the appropriate column reflects the maximum acceptable pumpage for the well at the proposed location.

(2) The Permit Board will consider and may require spacing limitations for new wells or replacement wells using aquifers that are not confined under all conditions. Unconfined conditions also may exist in the recharge areas of confined aquifers.

(3) In cases where no feasible options appear to be available, applicants may make a written request for exemption from the well spacing requirements. The Board will consider such requests on a case-by-case basis and provide a written determination to the applicant.

D. Considerations and Limitations on Uses of Water

(1) Once-through, Non-contact Cooling Water- In general, the use of large volumes of groundwater for once-through, non-contact cooling purposes is not a beneficial use of groundwater resources and is contrary to principles of water conservation. Use of more than 20,000 gallons per day (gpd) for this purpose is prohibited, regardless of the size of the well or the source of the groundwater, unless approval is obtained from the Permit Board. Proposals to use less than 20,000 gpd will be considered by the Permit Board on a case-by-case basis.

(2) Uncontrolled Free-flowing Wells- Continuous uncontrolled discharge of groundwater from free-flowing wells is not a beneficial use of groundwater resources, is declared to be waste contrary to principles of water conservation, and may be prohibited by the Commission or the Permit Board, regardless of the size of the well or the source of the groundwater.

(3) Maintenance of Water Levels in Surface Water Impoundments for Aesthetic Purposes-A permit shall be required of any person in the business of developing real property for resale who desires to withdraw water from a well, regardless of surface casing diameter that is to be used for maintaining or enhancing an impoundment of surface water primarily for aesthetic purposes. In general, the withdrawal of groundwater to supply water to a surface impoundment that exists primarily for aesthetic purposes is discouraged. The Permit Board may, however, issue a permit for withdrawal of groundwater to supply water to a surface impoundment that is primarily for aesthetic purposes if the Permit Board finds that such use of the groundwater would be in the public interest and that the local availability of groundwater for higher priority uses, as specified in these regulations, would not be excessively adversely affected. In determining whether such use of the groundwater would be in the public interest, the Permit Board shall consider, at a minimum, the following factors:

(a) The drainage area providing surface water run-off to the impoundment;

(b) The permeability of the soils that form the bottom of the impoundment;

(d) The rate of groundwater withdrawal estimated to be required to maintain the level of water in the impoundment at the designed normal pool;

(e) The potential impacts of the requested groundwater withdrawal on the local availability of groundwater for higher priority uses, as specified in these regulations.

(4) Other Uses- The Permit Board may determine that other discharges/withdrawals of groundwater are not beneficial uses, constitute waste, and/or are prohibited to protect the public interest and may deny permits based on such determinations.

E. Reporting

(1) Within 30 days of the drilling completion date, data collected and/or received on the well must be filed with MDEQ by the water well contractor. This data includes, but is not limited to, the following:

(a) Any data that differs from the issued permit (i.e. depth, casing diameter, etc.);

(b) Copies of all borehole geophysical log(s);

(d) Drill cuttings (If available)

(e) Pump test information. (If available); *

(f) Analysis of water. (If available). *

* If the well is not developed and completed immediately upon completion of drilling, the pump test information and water analysis shall be submitted by the owner or by the contractor who subsequently completes the well within thirty (30) days of receipt of final report.

(2) Owners and operators of all water wells, regardless of size or use, that produce in excess of 20,000 gallons per day may be required to file an annual report on the volume of groundwater withdrawn each calendar year, and such other requirements as the Commission may deem necessary or appropriate for proper water management. If required, these water use reports shall be filed with MDEQ prior to March 30 of each year on forms prescribed by the Permit Board.

(3) The quantity of groundwater withdrawn must be determined by one of the following:

(a) Flow meters accurate to within ten percent (10[CENT]) of meter calibration;

(b) The rated capacity of the pump (for the normal head associated with the well) multiplied by the total time in operation as recorded by an hour meter, electric meter, or log;

(d) Any other method approved by MDEQ that will provide reliable groundwater withdrawal data.

(4) MDEQ may require the installation of flow meters if data obtained by other means is determined to be inadequate or unreliable.

F. Replacement Wells- A replacement well may be drilled to replace a properly authorized well that has become unusable.

(1) Qualifications-To qualify as a replacement well for any use other than irrigation, aquaculture, or wildlife enhancement the new well must meet all of the requirements set forth in paragraphs a. through d. below. Any proposed well not meeting these requirements will be treated as a new well, and the required application will be processed accordingly. Replacement wells for irrigation, aquaculture, or wildlife enhancement need only meet the requirements set forth in paragraphs (a) through (c)below provided the water will be applied to the same field or pond served by the original well.

(a) Will replace a well that will be properly plugged and abandoned within 180 days of completion of the replacement well, unless used by MDEQ for data collection in accordance with paragraph 3 below; and

(b) Will withdraw water from the same water-bearing formation as the old well; and

(d) Will be located within a 250-foot radius of the old well.

(2) Procedure- Construction of a qualifying replacement well does not require prior approval from the Permit Board or its designee. However, the owner of the well to be abandoned must provide MDEQ written notification of the replacement within five (5) calendar days after initiating construction of the replacement well. The notification must clearly state that the new well is a replacement well meeting the criteria set forth in Rule 1.4.F.1.; must include the permit number for the well being replaced; and must provide the name of the licensed water well contractor responsible for construction of the replacement well. The Permit Board, or its designee, will assign an identification number to the replacement well and modify the permit associated with the well to be plugged and abandoned to reflect the change. The identification number for the replacement well will be provided by MDEQ to both the owner/permittee and the water well contractor for use on all subsequent correspondence and reports related to the well. No public notice or fee will be associated with construction of a replacement well.

(3) Decommissioning of Replaced Well- The well being replaced must properly be decommissioned in accordance with Rule 1.4.G. of this regulation no later than 180 days from the date the replacement well is completed, unless the Executive Director of MDEQ, or his designee, determines that the old well is suitable for conversion to an observation well or monitoring well and the landowner/permittee agrees to retain the well for that use. If such use is determined to be beneficial, a locking cover, sealed plate or other method of securing the well approved by MDEQ shall be provided by the landowner/permittee. If use of the observation well or monitoring well is later discontinued, the landowner/permittee will be responsible for properly decommissioning the well within 180 days of notification by MDEQ that MDEQs use of the well is being discontinued.

G. Decommissioning Abandoned or Unused Water Wells and Holes

(1) Applicability- Except as stated in paragraph 2. below, the standards for decommissioning abandoned or unused water wells and boreholes apply to all abandoned water wells and to all boreholes that penetrate water bearing strata or are greater than twenty-five (25) feet in depth including potable water wells, agricultural wells, monitoring wells, observation wells, dewatering wells, relief wells, saline or brackish water withdrawal wells, contaminant recovery wells, heat pump water supply wells and closed-loop system holes, industrial supply wells, rig supply wells, geotechnical boreholes, cathodic protection wells and pilot boreholes.

All wells and boreholes that penetrate water bearing stratum with a depth of 25 feet, or greater, below land surface must properly be decommissioned by a water well contractor licensed by MDEQ. Water wells less than 25 feet in depth below land surface may be plugged by someone other than a licensed water well contractor. However, the same procedures and reporting requirements apply regardless of who plugs the well.

If approved in writing by MDEQ, properly cased and sealed wells may be provided with a locking cover capable of preventing the entrance of contaminants and used as monitoring wells or observation wells in lieu of abandonment. If the use of an observation or monitoring well is later discontinued by MDEQ, the landowner/permittee shall be responsible for properly decommissioning the well.

(2) Exemptions-The following types of wells and boreholes are exempt from this paragraph G. Exemption under this regulation does not relieve the owner of the responsibility for identifying and complying with other applicable state and federal regulations.

(a) Saline water wells associated with enhanced oil and gas recovery operation, brine withdrawal wells, and other types of on-site oil and gas well holes, including Class II wells regulated under the Resource Conservation and Recovery Act (RCRA), 42 U.S.C. Sections 6901, et seq.

(b) Class I, III, IV and V injection wells regulated under the Resource Conservation and Recovery Act (RCRA), 42 U.S.C. Sections 6901, et seq. and

(c) Geotechnical boreholes drilled in planned roadbed construction areas where the natural overburden will be removed to within twenty-five (25) feet of the bottom of the hole.

(3) Types of Abandoned or Unused Wells- A water well may be considered by MDEQ to have been abandoned if its use has been permanently discontinued; if the well has not been used in the preceding 12 months (except for established rotations of pumping equipment between wells related to crop irrigation and instances where the owner has notified MDEQ of an anticipated longer period of nonuse after which the well will be placed back in service); if the pumping equipment has been removed (except for established rotations of pumping equipment between wells related to crop irrigation); or if the well cannot be repaired. Rig supply holes, geotechnical boreholes, pilot holes, and dewatering holes are considered abandoned immediately upon completion of the project phase for which they are drilled, unless the well is an integral part of the continued operation of the project, such as a pressure relief well or a permanently used dewatering well.

(4) Time Allowed for Plugging- Rig supply wells, pilot holes, and geotechnical boreholes shall be plugged within 30 days after abandonment or cessation of use. All other holes shall be plugged within 180 days after abandonment or cessation of use.

(5) Decommissioning Forms- Abandonment and plugging of water wells and boreholes shall be reported on a decommissioning form approved by and made available from MDEQ. The person or contractor who plugs an abandoned water well or borehole shall submit the decommissioning form to MDEQ within 30 days after completion of the plugging. For irrigation wells located in the MRVA, a copy of the form shall be submitted to YMD at the same time the original is submitted to MDEQ. Reporting the abandonment and plugging of multiple water wells and/or boreholes on one form may be permissible, with prior approval from MDEQ, provided the same decommissioning procedure was used and the location of each water well and/or borehole is clearly identified.

(6) Decommissioning Procedures- The following procedures shall be adhered to in the decommissioning of any water well or borehole for which decommissioning is required under these regulations:

(a) Grout for all holes shall consist of neat cement, cement grout, cement-bentonite mixture (5-8[CENT] bentonite), or bentonite. Bentonite pellets may be added under free-fall conditions for depths not exceeding twenty-five (25) feet, providing pellets are placed in layers not more than five (5) feet deep and tamped into place after addition of each layer. Granulated or pelletized bentonite may be placed to greater depths if introduced through a tremie pipe. Free-fall addition of other types of grout from the surface is prohibited;

(b) Obstructions shall be removed from the well casing;

(c) If there is reason to question the physical integrity of the well casing because of the age of the well or the material used for the casing, or there are no records to indicate that the annular space was grouted properly during construction of the well, the driller shall consult with MDEQ before plugging the well. In such instances, MDEQ may require that the casing be perforated to allow the introduction of grout into cavities or voids that may have formed outside the casing; or may require that the casing be removed from the hole prior to grouting;

(d) For abandoned water wells in agricultural fields, the casing shall be cut off and removed down to a minimum depth of three feet below land surface. After plugging, the excavation shall be filled with compacted soil. In other areas, not regularly subjected to surface disturbance, the casing shall be cut off and removed at least down to the ground surface elevation;

(e) Abandoned water wells or boreholes shall be sealed from the bottom of the hole to ground surface or the top of the casing using a grout as described in paragraph 6.a. above.

(f) MDEQ may authorize alternate methods of abandonment and/or abandonment by other than a licensed water well contractor, provided the results will meet the intent of the regulations. Only detailed written requests to utilize an alternate method of abandonment or to abandon a well without utilizing a licensed water well contractor shall be considered for approval. If approved, MDEQ will provide written authorization to the requestor.

H. Installation of Control Devices on Flowing Wells - Control devices that are capable of stopping the waste of water are required on all wells that have a natural free-flowing condition above the ground surface, except for relief wells installed to protect the integrity of a structure.

MDEQ, upon receiving information about a free-flowing well, will send the landowner a written directive to install a control device on the well within a specified time limit and to operate the device in such a manner as to prevent waste of the water. The landowner shall provide MDEQ written notification when the control device has been installed and the waste of water has ceased. Failure to comply with a directive to install and operate a control device to stop the waste of water may result in enforcement action by the Commission.

Miss. Code Ann. §§ 51-3-1, et seq., 49-2-1, et seq. and 49-17-1, et seq.

Disclaimer: These regulations may not be the most recent version. Mississippi may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

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